CA won't send validation

[majomom1]

What is the name of your state (only U.S. law)? MO

I have 2 items on my credit report that I do not owe.

I have disputed them with the original creditors and with multiple collection agencies. I have provided proof that the items are paid to both the original creditors and the collection agencies.

The collection agencies close the account and delete them from my credit report... then they show up again 3 or 4 months later under another collection agency.

I just disputed one last month. It is already back on my credit report. I never received any letters or notices in the mail so I could dispute the debt BEFORE they posted it on my credit report.

I just started using credit monitoring so that is how I know it is already back on my credit report.

Can creditors do this? Just pass these around to collection agencies like this? If the collection agency closes the account, isn't the original creditor still obligated to send the validation I requested or stop reporting it?

I have contacted both creditors by phone and in writing. On the phone they tell me that the accounts are paid and should not be in collections. They promise to correct the error and send me written confirmation, but I never get anything from them. They do not respond to my letters.

I've been nice, patient and persistent. I can't get any resolution and I am going broke on the copies and certified mail.

What can I do?What is the name of your state (only U.S. law)?

 

[justalayman]

majomom1;2541629]
Can creditors do this

yes


?

If the collection agency closes the account, isn't the original creditor still obligated to send the validation I requested or stop reporting it?

how do you know the original creditor still owns the account?

What can I do?

sounds like you need to be vigilant and continue to dispute the reports as the show up on your credit report with the credit reporting agency.

 

[majomom1]

yes


?how do you know the original creditor still owns the account?


sounds like you need to be vigilant and continue to dispute the reports as the show up on your credit report with the credit reporting agency.

I thought CA #1 (that I disputed last month), was the owner of the account.

But the CA #2 that just reported it claims that it was placed with them by the original creditor.

How would I find out the true owner of the account? Can I demand that they remove it and take it to court before reporting it to again?

Doesn't a CA have to send written notice and allow me the chance to dispute the debt before reporting it?

Do my "disputes" stay with the file when it is sent to another CA?

 

[justalayman]

=majomom1;2541690]I thought CA #1 (that I disputed last month), was the owner of the account.

But the CA #2 that just reported it claims that it was placed with them by the original creditor.

it is difficult to determine who actually owns the debt without somebody telling you. Since nobody responds to the demand for validation, you aren't getting an answer to the question.

How would I find out the true owner of the account?

If you know who the original creditor is, I would start with them to see if they still claim to own the debt or if they sold it.

Can I demand that they remove it and take it to court before reporting it to again?

No. A creditor, if they own the debt, can simply sell it to another collector. It's a bad problem and so far, I don't have the answer to overcome the problem.

Doesn't a CA have to send written notice and allow me the chance to dispute the debt before reporting it?

no

Do my "disputes" stay with the file when it is sent to another CA?

not in any sense such as they are required to act in place of the collector you sent the dispute to. I doubt there is even any transfer of information at all actually.


somewhere along the line, you presumably did owe these debts, correct?

and have you paid them or not?

as I said, I would start with the original creditor and try to find out anything you can from them.

one other thing you have not mentioned: how old are these debts? They cannot be legally reported after 7 1/2 years after the date of delinquency. If they are, your action is against the CRA as that is their responsibility. A entity that reports debts can report it to the CRA forever but the CRA cannot include it on your report for more than 7 1/2 years after the date of delinquency.

 

[majomom1]

i

somewhere along the line, you presumably did owe these debts, correct?

and have you paid them or not?


one other thing you have not mentioned: how old are these debts?

This item I do not owe and never did. It just appeared on my credit this past winter. I had closed the account back in Feb 2009 and it was paid in full at that time. I don't know what amount they are claiming unpaid because they won't respond to my request for validation. This one seems to start over with each CA that reports it.

The other item is from 2005. It was a revolving installment account that I paid off with a home equity mortgage. I don't know why it still shows a balance. I have my closing papers and the cancelled check that pays the statement in full. It is noted on my credit report that I dispute it. This one hasn't changed CA. It just sits there. This one is also reported on my credit by the origianl creditor, so it is out there twice.

I'd like to force both of these into court because I can prove they were paid in full based on my statements and cancelled checks that I have.

Thank you for your responses. I appreciate the help. I will keep monitoring and disputing until I can find another option.

 

[justalayman]

If you have proof of the one being paid off, you have an issue is with the CRA regardless of what other problems you have. If you can prove your position, they have to remove the line from your report. There are actions available against the CRA if they fail to act properly.

here is a link to the FCRA. It's lengthy.

http://www.ftc.gov/os/statutes/031224fcra.pdf

I would contact the original creditors and ask them about these. They are not that long ago so as to not have record of your account. I would call them on the phone in an attempt to get some initial discussion started since nobody seems to respond to their mail. Be sure to keep track of names, dates, results so you do not have to start over each time a new person claims they have no records of the discussions. Each call should be followed up by written correspondence just to document the discussion.

 

[majomom1]

If you have proof of the one being paid off, you have an issue is with the CRA regardless of what other problems you have. If you can prove your position, they have to remove the line from your report. There are actions available against the CRA if they fail to act properly.

here is a link to the FCRA. It's lengthy.

http://www.ftc.gov/os/statutes/031224fcra.pdf

I would contact the original creditors and ask them about these. They are not that long ago so as to not have record of your account. I would call them on the phone in an attempt to get some initial discussion started since nobody seems to respond to their mail. Be sure to keep track of names, dates, results so you do not have to start over each time a new person claims they have no records of the discussions. Each call should be followed up by written correspondence just to document the discussion.

Thank you for all your help. I am reading through the FCRA to see what all I can find. I'm also looking through MO statutes and making a list of questions, then I will call the CRA direct and find out what I can do from that angle.

I have always copied all my disputes to the CRAs, complete with proof of payment etc... Once the CA deleted it, I thought the CRA would consider it resolved, so I never tried going back to them.

I will also try contacting the original creditor as well. I have kept detail records of all my calls, and have phone records to prove the calls and time spent on the phone.. I did not follow up in writing. I trusted them to send me the written statement that the accout was paid, like they said they would. This time I will take your advice and follow up in writing. Maybe there is some new staff that will help me resolve this.

Thank you again. I greatly appreciate it.